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<br /> <br />F <br />I <br /> <br />2.3. Possession fJI PremiSes; Remedies under LoanA.~re.m~t'~ <br />The Grantor hereby waives all right to the possesn()h;ii~9llt"j <br />and rents of the Premises from and after the oc:currew::eof~~~, <br />Default, and the Beneficiary is hereby expresslyaUthor,ir;~:~1;:1' <br />empowered, at and following any such occurrence, toellterJ.l);1;(j> <br />and upon and take possession of the, Premises or. anY1=lartth~r~/?~;;;: <br />to complete any construction in progress thereon at. thel!'~*llriSill';'" <br />of the Grantor, to lease the same, to collect anCi recei:vea.:t,J) . <br />Rents and to apply t."le same, less the necessary (>1" appr()PJS;j:~~l!" <br />expenses of collection thereof, either for the care, operation <br />and preservation of the Premises or, at the electi..on . of' the' <br />Beneficiary in l ts sole discretion, to a reduction of such of'the< <br />Liabili ties in such order as the BEmeficiary may elect. The <br />Beneficiary, in addition to the rights provided under the Loan <br />AgreK~ent, is hereby granted full and complete authority to enter <br />upon the Premises, employ watchmen to protect the GOods and <br />Improvements from depredatlon or injury and to preserve and <br />protect the Colla~eral, and to continue any and all outstanding <br />contracts for the erections, and completion of Improvements. to <br />the Premises, to make and enter into any contracts and <br />obligations wherever necessary in its own name, and to pay and <br />discharge all debts, obligations and liabilities incurred <br />thereby, all a~ ~he expense of the Grantor, All such <br />expendittlres by the Beneficiary shall be Liabilities hereunder. <br />"1-'''''' <-he occurrence of any befau)"", the Benef~c:lary may also <br />exercise any or all rights or re-aoe<':' :'s und(::r the Loan Agreement, <br />including, without lirnitat:lon, ~sbursement of the undisbursed <br />bal ance of the Note to complete bui Idings and improvements or <br />perform obligations of the Grantor under any Contract for Sale, <br /> <br />2,4, Foreclosure; Receiver, Upon the occurrence of any <br />Default, 5eneflclary may-'(a)~le one or more suits at law or in <br />equity for the foreclosure of this Deed or to collect Grantor's <br />Liabili ties. In the event of the commencement of any such suit <br />by Beneficlary~ Beneficlary shall have the right, either before <br />or after sale, without notice and w:lthout requiring bond (notice <br />and bond being hereby walved), without regard to the solvency or <br />~nsolvency of Granter at t:he tlme of aoolication and without <br />regard 'to the then value of the Premises or whether the same is <br />then occup~ed, to make appllcatlon for and obtain the appointment <br />of a recel'Jer ior t:he Premlses, Such receiver shall have the <br />power to collect; t:he Rents durlng the pendency of such suit and, <br />In case of a sale and a defic~ency, durlng the full statutory <br />period of redemptlon, as well as curlng any further times when <br />Grantor, except for the intervention of such receiver, would be <br />enti tled to co llec1: the Rents, and shall have all other powers <br />whlch may be necessary or usual ln such cases for the protection, <br />possessionl control f ma.nagement and operation of the Premises. <br />The court before which such SUlt is pendlng may from time to tlme <br />authoru:.e the receiver to appl y the net lncome in hi shands 1 n <br />payment, In whole or in part, of Grantor's Liabilitles. In case <br />of a sale pursuant to foreclosure, the Premi ses may be sold as <br />one parcel, <br /> <br />(b) Exercise any other remedles or rights permitted or <br />provided under 01' by the laws 01' declslons of the Sta1:e of <br />Nebraska (lncluding all rights of a secured party under the <br />Unifor~ Commercial Code of the State of Nebraska), accruing to a <br />beneficiary under a deed of trust, upon a default by a grantor or <br />trustor, includlng without liml tatlon the Trustee' s nOn)UdlClal <br />power of sale as follows: <br /> <br />I <br />L <br /> <br />-,t,J- <br /> <br />I <br />'-- <br /> <br />